Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so, plaintiff claimed that he got..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Practice and procedure - Each and every application for appointment of Local Commissioner not to be accepted - It is discretion of Court and it is to be allowed only in cases where Court deems it appropriate that local investigation would be required for resolving dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - To note down physical features of property in a suit for injunction is not prohibited - However, fishing out information is prohibited which means to make local enquiry of hearsay material from the persons gathered there or the like...........
Civil Procedure Code, 1908, Section 75, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Local Commissioner can be appointed to note down physical features - However, Local Commissioner cannot be appointed to make local enquiry of hearsay material from the persons gathered there or the like...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Boundary dispute between parties - Duty casts upon Courts to appoint local Commission, if necessary for proper adjudication of case, especially where there is boundary dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Application for appointment of local commissioner dismissed - Revision under Art.227 of Constitution - Not maintainable except in exceptional circumstances...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Disobedience of order of Court passed U.O.39.Rr.1, 2 CPC by raising new construction - Burden of proving a fact rests on the party who substantially asserts affirmative issues - Fact of disobedience of order of Court has been asserted by petitioners, as such burden to prove said fact rests..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he was prevented from carrying..........
